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92_HB0521eng HB0521 Engrossed LRB9204399JSpc 1 AN ACT concerning health coverage under State employee 2 programs. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Employees Group Insurance Act of 6 1971 is amended by changing Sections 2, 3, 10, 13.2, and 15 7 as follows: 8 (5 ILCS 375/2) (from Ch. 127, par. 522) 9 Sec. 2. Purpose. The purpose of this Act is to provide a 10 program of group life insurance, a program of health benefits 11 and other employee benefits for persons in the service of the 12 State of Illinois, employees of local governments, employees 13 of rehabilitation facilities and employees of domestic 14 violence shelters and services, and certain of their 15 dependents. It is also the purpose of this Act to provide a 16 program of health benefits (i) for certain benefit recipients 17 of the Teachers' Retirement System of the State of Illinois 18 and their dependent beneficiaries and (ii) for certain 19 eligible retired community college employees and their 20 dependent beneficiaries. It is also the purpose of this Act 21 to provide a program of health benefits for (i) owners and 22 employees of qualified small businesses and their dependents 23 and (ii) self-employed persons and their dependents. 24 (Source: P.A. 89-25, eff. 6-21-95; 90-497, eff. 8-18-97.) 25 (5 ILCS 375/3) (from Ch. 127, par. 523) 26 Sec. 3. Definitions. Unless the context otherwise 27 requires, the following words and phrases as used in this Act 28 shall have the following meanings. The Department may define 29 these and other words and phrases separately for the purpose 30 of implementing specific programs providing benefits under HB0521 Engrossed -2- LRB9204399JSpc 1 this Act. 2 (a) "Administrative service organization" means any 3 person, firm or corporation experienced in the handling of 4 claims which is fully qualified, financially sound and 5 capable of meeting the service requirements of a contract of 6 administration executed with the Department. 7 (b) "Annuitant" means (1) an employee who retires, or 8 has retired, on or after January 1, 1966 on an immediate 9 annuity under the provisions of Articles 2, 14, 15 (including 10 an employee who has retired under the optional retirement 11 program established under Section 15-158.2), paragraphs (2), 12 (3), or (5) of Section 16-106, or Article 18 of the Illinois 13 Pension Code; (2) any person who was receiving group 14 insurance coverage under this Act as of March 31, 1978 by 15 reason of his status as an annuitant, even though the annuity 16 in relation to which such coverage was provided is a 17 proportional annuity based on less than the minimum period of 18 service required for a retirement annuity in the system 19 involved; (3) any person not otherwise covered by this Act 20 who has retired as a participating member under Article 2 of 21 the Illinois Pension Code but is ineligible for the 22 retirement annuity under Section 2-119 of the Illinois 23 Pension Code; (4) the spouse of any person who is receiving a 24 retirement annuity under Article 18 of the Illinois Pension 25 Code and who is covered under a group health insurance 26 program sponsored by a governmental employer other than the 27 State of Illinois and who has irrevocably elected to waive 28 his or her coverage under this Act and to have his or her 29 spouse considered as the "annuitant" under this Act and not 30 as a "dependent";or(5) an employee who retires, or has 31 retired, from a qualified position, as determined according 32 to rules promulgated by the Director, under a qualified local 33 government or a qualified rehabilitation facility or a 34 qualified domestic violence shelter or service; or (6) an HB0521 Engrossed -3- LRB9204399JSpc 1 owner or employee who retires, or has retired, from a 2 qualified position, as determined according to rules 3 promulgated by the Director, with a qualified small business 4 or as self-employed person. (For definition of "retired 5 employee", see (p) post). 6 (b-5) "New SERS annuitant" means a person who, on or 7 after January 1, 1998, becomes an annuitant, as defined in 8 subsection (b), by virtue of beginning to receive a 9 retirement annuity under Article 14 of the Illinois Pension 10 Code, and is eligible to participate in the basic program of 11 group health benefits provided for annuitants under this Act. 12 (b-6) "New SURS annuitant" means a person who (1) on or 13 after January 1, 1998, becomes an annuitant, as defined in 14 subsection (b), by virtue of beginning to receive a 15 retirement annuity under Article 15 of the Illinois Pension 16 Code, (2) has not made the election authorized under Section 17 15-135.1 of the Illinois Pension Code, and (3) is eligible to 18 participate in the basic program of group health benefits 19 provided for annuitants under this Act. 20 (b-7) "New TRS State annuitant" means a person who, on 21 or after July 1, 1998, becomes an annuitant, as defined in 22 subsection (b), by virtue of beginning to receive a 23 retirement annuity under Article 16 of the Illinois Pension 24 Code based on service as a teacher as defined in paragraph 25 (2), (3), or (5) of Section 16-106 of that Code, and is 26 eligible to participate in the basic program of group health 27 benefits provided for annuitants under this Act. 28 (c) "Carrier" means (1) an insurance company, a 29 corporation organized under the Limited Health Service 30 Organization Act or the Voluntary Health Services Plan Act, a 31 partnership, or other nongovernmental organization, which is 32 authorized to do group life or group health insurance 33 business in Illinois, or (2) the State of Illinois as a 34 self-insurer. HB0521 Engrossed -4- LRB9204399JSpc 1 (d) "Compensation" means salary or wages payable on a 2 regular payroll by the State Treasurer on a warrant of the 3 State Comptroller out of any State, trust or federal fund, or 4 by the Governor of the State through a disbursing officer of 5 the State out of a trust or out of federal funds, or by any 6 Department out of State, trust, federal or other funds held 7 by the State Treasurer or the Department, to any person for 8 personal services currently performed, and ordinary or 9 accidental disability benefits under Articles 2, 14, 15 10 (including ordinary or accidental disability benefits under 11 the optional retirement program established under Section 12 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 13 Article 18 of the Illinois Pension Code, for disability 14 incurred after January 1, 1966, or benefits payable under the 15 Workers' Compensation or Occupational Diseases Act or 16 benefits payable under a sick pay plan established in 17 accordance with Section 36 of the State Finance Act. 18 "Compensation" also means salary or wages paid to an employee 19 of any qualified local government or qualified rehabilitation 20 facility or a qualified domestic violence shelter or service. 21 "Compensation" also means salary or wages paid to an employee 22 or owner of a qualified small business and earned income 23 earned by a self-employed person. 24 (e) "Commission" means the State Employees Group 25 Insurance Advisory Commission authorized by this Act. 26 Commencing July 1, 1984, "Commission" as used in this Act 27 means the Illinois Economic and Fiscal Commission as 28 established by the Legislative Commission Reorganization Act 29 of 1984. 30 (f) "Contributory", when referred to as contributory 31 coverage, shall mean optional coverages or benefits elected 32 by the member toward the cost of which such member makes 33 contribution, or which are funded in whole or in part through 34 the acceptance of a reduction in earnings or the foregoing of HB0521 Engrossed -5- LRB9204399JSpc 1 an increase in earnings by an employee, as distinguished from 2 noncontributory coverage or benefits which are paid entirely 3 by the State of Illinois without reduction of the member's 4 salary. 5 (g) "Department" means any department, institution, 6 board, commission, officer, court or any agency of the State 7 government receiving appropriations and having power to 8 certify payrolls to the Comptroller authorizing payments of 9 salary and wages against such appropriations as are made by 10 the General Assembly from any State fund, or against trust 11 funds held by the State Treasurer and includes boards of 12 trustees of the retirement systems created by Articles 2, 14, 13 15, 16 and 18 of the Illinois Pension Code. "Department" 14 also includes the Illinois Comprehensive Health Insurance 15 Board, the Board of Examiners established under the Illinois 16 Public Accounting Act, and the Illinois Rural Bond Bank. 17 (h) "Dependent", when the term is used in the context of 18 the health and life plan, means a member's spouse and any 19 unmarried child (1) from birth to age 19 including an adopted 20 child, a child who lives with the member from the time of the 21 filing of a petition for adoption until entry of an order of 22 adoption, a stepchild or recognized child who lives with the 23 member in a parent-child relationship, or a child who lives 24 with the member if such member is a court appointed guardian 25 of the child, or (2) age 19 to 23 enrolled as a full-time 26 student in any accredited school, financially dependent upon 27 the member, and eligible to be claimed as a dependent for 28 income tax purposes, or (3) age 19 or over who is mentally or 29 physically handicapped. For the health plan only, the term 30 "dependent" also includes any person enrolled prior to the 31 effective date of this Section who is dependent upon the 32 member to the extent that the member may claim such person as 33 a dependent for income tax deduction purposes; no other such 34 person may be enrolled. HB0521 Engrossed -6- LRB9204399JSpc 1 (i) "Director" means the Director of the Illinois 2 Department of Central Management Services. 3 (j) "Eligibility period" means the period of time a 4 member has to elect enrollment in programs or to select 5 benefits without regard to age, sex or health. 6 (k) "Employee" means and includes each officer or 7 employee in the service of a department who (1) receives his 8 compensation for service rendered to the department on a 9 warrant issued pursuant to a payroll certified by a 10 department or on a warrant or check issued and drawn by a 11 department upon a trust, federal or other fund or on a 12 warrant issued pursuant to a payroll certified by an elected 13 or duly appointed officer of the State or who receives 14 payment of the performance of personal services on a warrant 15 issued pursuant to a payroll certified by a Department and 16 drawn by the Comptroller upon the State Treasurer against 17 appropriations made by the General Assembly from any fund or 18 against trust funds held by the State Treasurer, and (2) is 19 employed full-time or part-time in a position normally 20 requiring actual performance of duty during not less than 1/2 21 of a normal work period, as established by the Director in 22 cooperation with each department, except that persons elected 23 by popular vote will be considered employees during the 24 entire term for which they are elected regardless of hours 25 devoted to the service of the State, and (3) except that 26 "employee" does not include any person who is not eligible by 27 reason of such person's employment to participate in one of 28 the State retirement systems under Articles 2, 14, 15 (either 29 the regular Article 15 system or the optional retirement 30 program established under Section 15-158.2) or 18, or under 31 paragraph (2), (3), or (5) of Section 16-106, of the Illinois 32 Pension Code, but such term does include persons who are 33 employed during the 6 month qualifying period under Article 34 14 of the Illinois Pension Code. Such term also includes any HB0521 Engrossed -7- LRB9204399JSpc 1 person who (1) after January 1, 1966, is receiving ordinary 2 or accidental disability benefits under Articles 2, 14, 15 3 (including ordinary or accidental disability benefits under 4 the optional retirement program established under Section 5 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 6 Article 18 of the Illinois Pension Code, for disability 7 incurred after January 1, 1966, (2) receives total permanent 8 or total temporary disability under the Workers' Compensation 9 Act or Occupational Disease Act as a result of injuries 10 sustained or illness contracted in the course of employment 11 with the State of Illinois, or (3) is not otherwise covered 12 under this Act and has retired as a participating member 13 under Article 2 of the Illinois Pension Code but is 14 ineligible for the retirement annuity under Section 2-119 of 15 the Illinois Pension Code. However, a person who satisfies 16 the criteria of the foregoing definition of "employee" except 17 that such person is made ineligible to participate in the 18 State Universities Retirement System by clause (4) of 19 subsection (a) of Section 15-107 of the Illinois Pension Code 20 is also an "employee" for the purposes of this Act. 21 "Employee" also includes any person receiving or eligible for 22 benefits under a sick pay plan established in accordance with 23 Section 36 of the State Finance Act. "Employee" also includes 24 each officer or employee in the service of a qualified local 25 government, including persons appointed as trustees of 26 sanitary districts regardless of hours devoted to the service 27 of the sanitary district, and each employee in the service of 28 a qualified rehabilitation facility and each full-time 29 employee in the service of a qualified domestic violence 30 shelter or service, as determined according to rules 31 promulgated by the Director. "Employee" also includes an 32 owner and a full-time employee in the service of a qualified 33 small business and a self-employed person, as determined 34 according to rules promulgated by the Director. HB0521 Engrossed -8- LRB9204399JSpc 1 (l) "Member" means an employee, annuitant, retired 2 employee or survivor. 3 (m) "Optional coverages or benefits" means those 4 coverages or benefits available to the member on his or her 5 voluntary election, and at his or her own expense. 6 (n) "Program" means the group life insurance, health 7 benefits and other employee benefits designed and contracted 8 for by the Director under this Act. 9 (o) "Health plan" means a health benefits program 10 offered by the State of Illinois for persons eligible for the 11 plan. 12 (p) "Retired employee" means any person who would be an 13 annuitant as that term is defined herein but for the fact 14 that such person retired prior to January 1, 1966. Such term 15 also includes any person formerly employed by the University 16 of Illinois in the Cooperative Extension Service who would be 17 an annuitant but for the fact that such person was made 18 ineligible to participate in the State Universities 19 Retirement System by clause (4) of subsection (a) of Section 20 15-107 of the Illinois Pension Code. 21 (q) "Survivor" means a person receiving an annuity as a 22 survivor of an employee or of an annuitant. "Survivor" also 23 includes: (1) the surviving dependent of a person who 24 satisfies the definition of "employee" except that such 25 person is made ineligible to participate in the State 26 Universities Retirement System by clause (4) of subsection 27 (a) of Section 15-107 of the Illinois Pension Code; and (2) 28 the surviving dependent of any person formerly employed by 29 the University of Illinois in the Cooperative Extension 30 Service who would be an annuitant except for the fact that 31 such person was made ineligible to participate in the State 32 Universities Retirement System by clause (4) of subsection 33 (a) of Section 15-107 of the Illinois Pension Code. 34 (q-5) "New SERS survivor" means a survivor, as defined HB0521 Engrossed -9- LRB9204399JSpc 1 in subsection (q), whose annuity is paid under Article 14 of 2 the Illinois Pension Code and is based on the death of (i) an 3 employee whose death occurs on or after January 1, 1998, or 4 (ii) a new SERS annuitant as defined in subsection (b-5). 5 (q-6) "New SURS survivor" means a survivor, as defined 6 in subsection (q), whose annuity is paid under Article 15 of 7 the Illinois Pension Code and is based on the death of (i) an 8 employee whose death occurs on or after January 1, 1998, or 9 (ii) a new SURS annuitant as defined in subsection (b-6). 10 (q-7) "New TRS State survivor" means a survivor, as 11 defined in subsection (q), whose annuity is paid under 12 Article 16 of the Illinois Pension Code and is based on the 13 death of (i) an employee who is a teacher as defined in 14 paragraph (2), (3), or (5) of Section 16-106 of that Code and 15 whose death occurs on or after July 1, 1998, or (ii) a new 16 TRS State annuitant as defined in subsection (b-7). 17 (r) "Medical services" means the services provided 18 within the scope of their licenses by practitioners in all 19 categories licensed under the Medical Practice Act of 1987. 20 (s) "Unit of local government" means any county, 21 municipality, township, school district, special district or 22 other unit, designated as a unit of local government by law, 23 which exercises limited governmental powers or powers in 24 respect to limited governmental subjects, any not-for-profit 25 association with a membership that primarily includes 26 townships and township officials, that has duties that 27 include provision of research service, dissemination of 28 information, and other acts for the purpose of improving 29 township government, and that is funded wholly or partly in 30 accordance with Section 85-15 of the Township Code; any 31 not-for-profit corporation or association, with a membership 32 consisting primarily of municipalities, that operates its own 33 utility system, and provides research, training, 34 dissemination of information, or other acts to promote HB0521 Engrossed -10- LRB9204399JSpc 1 cooperation between and among municipalities that provide 2 utility services and for the advancement of the goals and 3 purposes of its membership; the Southern Illinois Collegiate 4 Common Market, which is a consortium of higher education 5 institutions in Southern Illinois; and the Illinois 6 Association of Park Districts. "Qualified local government" 7 means a unit of local government approved by the Director and 8 participating in a program created under subsection (i) of 9 Section 10 of this Act. 10 (t) "Qualified rehabilitation facility" means any 11 not-for-profit organization that is accredited by the 12 Commission on Accreditation of Rehabilitation Facilities or 13 certified by the Department of Human Services (as successor 14 to the Department of Mental Health and Developmental 15 Disabilities) to provide services to persons with 16 disabilities and which receives funds from the State of 17 Illinois for providing those services, approved by the 18 Director and participating in a program created under 19 subsection (j) of Section 10 of this Act. 20 (u) "Qualified domestic violence shelter or service" 21 means any Illinois domestic violence shelter or service and 22 its administrative offices funded by the Department of Human 23 Services (as successor to the Illinois Department of Public 24 Aid), approved by the Director and participating in a program 25 created under subsection (k) of Section 10. 26 (v) "TRS benefit recipient" means a person who: 27 (1) is not a "member" as defined in this Section; 28 and 29 (2) is receiving a monthly benefit or retirement 30 annuity under Article 16 of the Illinois Pension Code; 31 and 32 (3) either (i) has at least 8 years of creditable 33 service under Article 16 of the Illinois Pension Code, or 34 (ii) was enrolled in the health insurance program offered HB0521 Engrossed -11- LRB9204399JSpc 1 under that Article on January 1, 1996, or (iii) is the 2 survivor of a benefit recipient who had at least 8 years 3 of creditable service under Article 16 of the Illinois 4 Pension Code or was enrolled in the health insurance 5 program offered under that Article on the effective date 6 of this amendatory Act of 1995, or (iv) is a recipient or 7 survivor of a recipient of a disability benefit under 8 Article 16 of the Illinois Pension Code. 9 (w) "TRS dependent beneficiary" means a person who: 10 (1) is not a "member" or "dependent" as defined in 11 this Section; and 12 (2) is a TRS benefit recipient's: (A) spouse, (B) 13 dependent parent who is receiving at least half of his or 14 her support from the TRS benefit recipient, or (C) 15 unmarried natural or adopted child who is (i) under age 16 19, or (ii) enrolled as a full-time student in an 17 accredited school, financially dependent upon the TRS 18 benefit recipient, eligible to be claimed as a dependent 19 for income tax purposes, and either is under age 24 or 20 was, on January 1, 1996, participating as a dependent 21 beneficiary in the health insurance program offered under 22 Article 16 of the Illinois Pension Code, or (iii) age 19 23 or over who is mentally or physically handicapped. 24 (x) "Military leave with pay and benefits" refers to 25 individuals in basic training for reserves, special/advanced 26 training, annual training, emergency call up, or activation 27 by the President of the United States with approved pay and 28 benefits. 29 (y) "Military leave without pay and benefits" refers to 30 individuals who enlist for active duty in a regular component 31 of the U.S. Armed Forces or other duty not specified or 32 authorized under military leave with pay and benefits. 33 (z) "Community college benefit recipient" means a person 34 who: HB0521 Engrossed -12- LRB9204399JSpc 1 (1) is not a "member" as defined in this Section; 2 and 3 (2) is receiving a monthly survivor's annuity or 4 retirement annuity under Article 15 of the Illinois 5 Pension Code; and 6 (3) either (i) was a full-time employee of a 7 community college district or an association of community 8 college boards created under the Public Community College 9 Act (other than an employee whose last employer under 10 Article 15 of the Illinois Pension Code was a community 11 college district subject to Article VII of the Public 12 Community College Act) and was eligible to participate in 13 a group health benefit plan as an employee during the 14 time of employment with a community college district 15 (other than a community college district subject to 16 Article VII of the Public Community College Act) or an 17 association of community college boards, or (ii) is the 18 survivor of a person described in item (i). 19 (aa) "Community college dependent beneficiary" means a 20 person who: 21 (1) is not a "member" or "dependent" as defined in 22 this Section; and 23 (2) is a community college benefit recipient's: (A) 24 spouse, (B) dependent parent who is receiving at least 25 half of his or her support from the community college 26 benefit recipient, or (C) unmarried natural or adopted 27 child who is (i) under age 19, or (ii) enrolled as a 28 full-time student in an accredited school, financially 29 dependent upon the community college benefit recipient, 30 eligible to be claimed as a dependent for income tax 31 purposes and under age 23, or (iii) age 19 or over and 32 mentally or physically handicapped. 33 (bb) "Qualified small business" means a business 34 situated in Illinois having 25 or fewer employees, approved HB0521 Engrossed -13- LRB9204399JSpc 1 by the Director and participating in a program created under 2 subsection (k-5) of Section 10. 3 (cc) "Self-employed person" means a person engaged in a 4 business enterprise as a self-employed person or who is 5 conducting another self-employed occupation or profession and 6 is participating in a program created under subsection (k-5) 7 of Section 10. 8 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 9 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 10 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff. 11 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised 12 10-19-99.) 13 (5 ILCS 375/10) (from Ch. 127, par. 530) 14 Sec. 10. Payments by State; premiums. 15 (a) The State shall pay the cost of basic 16 non-contributory group life insurance and, subject to member 17 paid contributions set by the Department or required by this 18 Section, the basic program of group health benefits on each 19 eligible member, except a member, not otherwise covered by 20 this Act, who has retired as a participating member under 21 Article 2 of the Illinois Pension Code but is ineligible for 22 the retirement annuity under Section 2-119 of the Illinois 23 Pension Code, and part of each eligible member's and retired 24 member's premiums for health insurance coverage for enrolled 25 dependents as provided by Section 9. The State shall pay the 26 cost of the basic program of group health benefits only after 27 benefits are reduced by the amount of benefits covered by 28 Medicare for all members and dependents who are eligible for 29 benefits under Social Security or the Railroad Retirement 30 system or who had sufficient Medicare-covered government 31 employment, except that such reduction in benefits shall 32 apply only to those members and dependents who (1) first 33 become eligible for such Medicare coverage on or after July HB0521 Engrossed -14- LRB9204399JSpc 1 1, 1992; or (2) are Medicare-eligible members or dependents 2 of a local government unit which began participation in the 3 program on or after July 1, 1992; or (3) remain eligible for, 4 but no longer receive Medicare coverage which they had been 5 receiving on or after July 1, 1992. The Department may 6 determine the aggregate level of the State's contribution on 7 the basis of actual cost of medical services adjusted for 8 age, sex or geographic or other demographic characteristics 9 which affect the costs of such programs. 10 The cost of participation in the basic program of group 11 health benefits for the dependent or survivor of a living or 12 deceased retired employee who was formerly employed by the 13 University of Illinois in the Cooperative Extension Service 14 and would be an annuitant but for the fact that he or she was 15 made ineligible to participate in the State Universities 16 Retirement System by clause (4) of subsection (a) of Section 17 15-107 of the Illinois Pension Code shall not be greater than 18 the cost of participation that would otherwise apply to that 19 dependent or survivor if he or she were the dependent or 20 survivor of an annuitant under the State Universities 21 Retirement System. 22 (a-1) Beginning January 1, 1998, for each person who 23 becomes a new SERS annuitant and participates in the basic 24 program of group health benefits, the State shall contribute 25 toward the cost of the annuitant's coverage under the basic 26 program of group health benefits an amount equal to 5% of 27 that cost for each full year of creditable service upon which 28 the annuitant's retirement annuity is based, up to a maximum 29 of 100% for an annuitant with 20 or more years of creditable 30 service. The remainder of the cost of a new SERS annuitant's 31 coverage under the basic program of group health benefits 32 shall be the responsibility of the annuitant. 33 (a-2) Beginning January 1, 1998, for each person who 34 becomes a new SERS survivor and participates in the basic HB0521 Engrossed -15- LRB9204399JSpc 1 program of group health benefits, the State shall contribute 2 toward the cost of the survivor's coverage under the basic 3 program of group health benefits an amount equal to 5% of 4 that cost for each full year of the deceased employee's or 5 deceased annuitant's creditable service in the State 6 Employees' Retirement System of Illinois on the date of 7 death, up to a maximum of 100% for a survivor of an employee 8 or annuitant with 20 or more years of creditable service. 9 The remainder of the cost of the new SERS survivor's coverage 10 under the basic program of group health benefits shall be the 11 responsibility of the survivor. 12 (a-3) Beginning January 1, 1998, for each person who 13 becomes a new SURS annuitant and participates in the basic 14 program of group health benefits, the State shall contribute 15 toward the cost of the annuitant's coverage under the basic 16 program of group health benefits an amount equal to 5% of 17 that cost for each full year of creditable service upon which 18 the annuitant's retirement annuity is based, up to a maximum 19 of 100% for an annuitant with 20 or more years of creditable 20 service. The remainder of the cost of a new SURS annuitant's 21 coverage under the basic program of group health benefits 22 shall be the responsibility of the annuitant. 23 (a-4) (Blank). 24 (a-5) Beginning January 1, 1998, for each person who 25 becomes a new SURS survivor and participates in the basic 26 program of group health benefits, the State shall contribute 27 toward the cost of the survivor's coverage under the basic 28 program of group health benefits an amount equal to 5% of 29 that cost for each full year of the deceased employee's or 30 deceased annuitant's creditable service in the State 31 Universities Retirement System on the date of death, up to a 32 maximum of 100% for a survivor of an employee or annuitant 33 with 20 or more years of creditable service. The remainder 34 of the cost of the new SURS survivor's coverage under the HB0521 Engrossed -16- LRB9204399JSpc 1 basic program of group health benefits shall be the 2 responsibility of the survivor. 3 (a-6) Beginning July 1, 1998, for each person who 4 becomes a new TRS State annuitant and participates in the 5 basic program of group health benefits, the State shall 6 contribute toward the cost of the annuitant's coverage under 7 the basic program of group health benefits an amount equal to 8 5% of that cost for each full year of creditable service as a 9 teacher as defined in paragraph (2), (3), or (5) of Section 10 16-106 of the Illinois Pension Code upon which the 11 annuitant's retirement annuity is based, up to a maximum of 12 100%; except that the State contribution shall be 12.5% per 13 year (rather than 5%) for each full year of creditable 14 service as a regional superintendent or assistant regional 15 superintendent of schools. The remainder of the cost of a 16 new TRS State annuitant's coverage under the basic program of 17 group health benefits shall be the responsibility of the 18 annuitant. 19 (a-7) Beginning July 1, 1998, for each person who 20 becomes a new TRS State survivor and participates in the 21 basic program of group health benefits, the State shall 22 contribute toward the cost of the survivor's coverage under 23 the basic program of group health benefits an amount equal to 24 5% of that cost for each full year of the deceased employee's 25 or deceased annuitant's creditable service as a teacher as 26 defined in paragraph (2), (3), or (5) of Section 16-106 of 27 the Illinois Pension Code on the date of death, up to a 28 maximum of 100%; except that the State contribution shall be 29 12.5% per year (rather than 5%) for each full year of the 30 deceased employee's or deceased annuitant's creditable 31 service as a regional superintendent or assistant regional 32 superintendent of schools. The remainder of the cost of the 33 new TRS State survivor's coverage under the basic program of 34 group health benefits shall be the responsibility of the HB0521 Engrossed -17- LRB9204399JSpc 1 survivor. 2 (a-8) A new SERS annuitant, new SERS survivor, new SURS 3 annuitant, new SURS survivor, new TRS State annuitant, or new 4 TRS State survivor may waive or terminate coverage in the 5 program of group health benefits. Any such annuitant or 6 survivor who has waived or terminated coverage may enroll or 7 re-enroll in the program of group health benefits only during 8 the annual benefit choice period, as determined by the 9 Director; except that in the event of termination of coverage 10 due to nonpayment of premiums, the annuitant or survivor may 11 not re-enroll in the program. 12 (a-9) No later than May 1 of each calendar year, the 13 Director of Central Management Services shall certify in 14 writing to the Executive Secretary of the State Employees' 15 Retirement System of Illinois the amounts of the Medicare 16 supplement health care premiums and the amounts of the health 17 care premiums for all other retirees who are not Medicare 18 eligible. 19 A separate calculation of the premiums based upon the 20 actual cost of each health care plan shall be so certified. 21 The Director of Central Management Services shall provide 22 to the Executive Secretary of the State Employees' Retirement 23 System of Illinois such information, statistics, and other 24 data as he or she may require to review the premium amounts 25 certified by the Director of Central Management Services. 26 (b) State employees who become eligible for this program 27 on or after January 1, 1980 in positions normally requiring 28 actual performance of duty not less than 1/2 of a normal work 29 period but not equal to that of a normal work period, shall 30 be given the option of participating in the available 31 program. If the employee elects coverage, the State shall 32 contribute on behalf of such employee to the cost of the 33 employee's benefit and any applicable dependent supplement, 34 that sum which bears the same percentage as that percentage HB0521 Engrossed -18- LRB9204399JSpc 1 of time the employee regularly works when compared to normal 2 work period. 3 (c) The basic non-contributory coverage from the basic 4 program of group health benefits shall be continued for each 5 employee not in pay status or on active service by reason of 6 (1) leave of absence due to illness or injury, (2) authorized 7 educational leave of absence or sabbatical leave, or (3) 8 military leave with pay and benefits. This coverage shall 9 continue until expiration of authorized leave and return to 10 active service, but not to exceed 24 months for leaves under 11 item (1) or (2). This 24-month limitation and the requirement 12 of returning to active service shall not apply to persons 13 receiving ordinary or accidental disability benefits or 14 retirement benefits through the appropriate State retirement 15 system or benefits under the Workers' Compensation or 16 Occupational Disease Act. 17 (d) The basic group life insurance coverage shall 18 continue, with full State contribution, where such person is 19 (1) absent from active service by reason of disability 20 arising from any cause other than self-inflicted, (2) on 21 authorized educational leave of absence or sabbatical leave, 22 or (3) on military leave with pay and benefits. 23 (e) Where the person is in non-pay status for a period 24 in excess of 30 days or on leave of absence, other than by 25 reason of disability, educational or sabbatical leave, or 26 military leave with pay and benefits, such person may 27 continue coverage only by making personal payment equal to 28 the amount normally contributed by the State on such person's 29 behalf. Such payments and coverage may be continued: (1) 30 until such time as the person returns to a status eligible 31 for coverage at State expense, but not to exceed 24 months, 32 (2) until such person's employment or annuitant status with 33 the State is terminated, or (3) for a maximum period of 4 34 years for members on military leave with pay and benefits and HB0521 Engrossed -19- LRB9204399JSpc 1 military leave without pay and benefits (exclusive of any 2 additional service imposed pursuant to law). 3 (f) The Department shall establish by rule the extent 4 to which other employee benefits will continue for persons in 5 non-pay status or who are not in active service. 6 (g) The State shall not pay the cost of the basic 7 non-contributory group life insurance, program of health 8 benefits and other employee benefits for members who are 9 survivors as defined by paragraphs (1) and (2) of subsection 10 (q) of Section 3 of this Act. The costs of benefits for 11 these survivors shall be paid by the survivors or by the 12 University of Illinois Cooperative Extension Service, or any 13 combination thereof. However, the State shall pay the amount 14 of the reduction in the cost of participation, if any, 15 resulting from the amendment to subsection (a) made by this 16 amendatory Act of the 91st General Assembly. 17 (h) Those persons occupying positions with any 18 department as a result of emergency appointments pursuant to 19 Section 8b.8 of the Personnel Code who are not considered 20 employees under this Act shall be given the option of 21 participating in the programs of group life insurance, health 22 benefits and other employee benefits. Such persons electing 23 coverage may participate only by making payment equal to the 24 amount normally contributed by the State for similarly 25 situated employees. Such amounts shall be determined by the 26 Director. Such payments and coverage may be continued until 27 such time as the person becomes an employee pursuant to this 28 Act or such person's appointment is terminated. 29 (i) Any unit of local government within the State of 30 Illinois may apply to the Director to have its employees, 31 annuitants, and their dependents provided group health 32 coverage under this Act on a non-insured basis. To 33 participate, a unit of local government must agree to enroll 34 all of its employees, who may select coverage under either HB0521 Engrossed -20- LRB9204399JSpc 1 the State group health benefits plan or a health maintenance 2 organization that has contracted with the State to be 3 available as a health care provider for employees as defined 4 in this Act. A unit of local government must remit the 5 entire cost of providing coverage under the State group 6 health benefits plan or, for coverage under a health 7 maintenance organization, an amount determined by the 8 Director based on an analysis of the sex, age, geographic 9 location, or other relevant demographic variables for its 10 employees, except that the unit of local government shall not 11 be required to enroll those of its employees who are covered 12 spouses or dependents under this plan or another group policy 13 or plan providing health benefits as long as (1) an 14 appropriate official from the unit of local government 15 attests that each employee not enrolled is a covered spouse 16 or dependent under this plan or another group policy or plan, 17 and (2) at least 85% of the employees are enrolled and the 18 unit of local government remits the entire cost of providing 19 coverage to those employees, except that a participating 20 school district must have enrolled at least 85% of its 21 full-time employees who have not waived coverage under the 22 district's group health plan by participating in a component 23 of the district's cafeteria plan. A participating school 24 district is not required to enroll a full-time employee who 25 has waived coverage under the district's health plan, 26 provided that an appropriate official from the participating 27 school district attests that the full-time employee has 28 waived coverage by participating in a component of the 29 district's cafeteria plan. For the purposes of this 30 subsection, "participating school district" includes a unit 31 of local government whose primary purpose is education as 32 defined by the Department's rules. 33 Employees of a participating unit of local government who 34 are not enrolled due to coverage under another group health HB0521 Engrossed -21- LRB9204399JSpc 1 policy or plan may enroll in the event of a qualifying change 2 in status, special enrollment, special circumstance as 3 defined by the Director, or during the annual Benefit Choice 4 Period. A participating unit of local government may also 5 elect to cover its annuitants. Dependent coverage shall be 6 offered on an optional basis, with the costs paid by the unit 7 of local government, its employees, or some combination of 8 the two as determined by the unit of local government. The 9 unit of local government shall be responsible for timely 10 collection and transmission of dependent premiums. 11 The Director shall annually determine monthly rates of 12 payment, subject to the following constraints: 13 (1) In the first year of coverage, the rates shall 14 be equal to the amount normally charged to State 15 employees for elected optional coverages or for enrolled 16 dependents coverages or other contributory coverages, or 17 contributed by the State for basic insurance coverages on 18 behalf of its employees, adjusted for differences between 19 State employees and employees of the local government in 20 age, sex, geographic location or other relevant 21 demographic variables, plus an amount sufficient to pay 22 for the additional administrative costs of providing 23 coverage to employees of the unit of local government and 24 their dependents. 25 (2) In subsequent years, a further adjustment shall 26 be made to reflect the actual prior years' claims 27 experience of the employees of the unit of local 28 government. 29 In the case of coverage of local government employees 30 under a health maintenance organization, the Director shall 31 annually determine for each participating unit of local 32 government the maximum monthly amount the unit may contribute 33 toward that coverage, based on an analysis of (i) the age, 34 sex, geographic location, and other relevant demographic HB0521 Engrossed -22- LRB9204399JSpc 1 variables of the unit's employees and (ii) the cost to cover 2 those employees under the State group health benefits plan. 3 The Director may similarly determine the maximum monthly 4 amount each unit of local government may contribute toward 5 coverage of its employees' dependents under a health 6 maintenance organization. 7 Monthly payments by the unit of local government or its 8 employees for group health benefits plan or health 9 maintenance organization coverage shall be deposited in the 10 Local Government Health Insurance Reserve Fund. The Local 11 Government Health Insurance Reserve Fund shall be a 12 continuing fund not subject to fiscal year limitations. All 13 expenditures from this fund shall be used for payments for 14 health care benefits for local government, domestic violence 15 shelter or service, and rehabilitation facility employees, 16 annuitants, and dependents, and to reimburse the Department 17 or its administrative service organization for all expenses 18 incurred in the administration of benefits. No other State 19 funds may be used for these purposes. 20 A local government employer's participation or desire to 21 participate in a program created under this subsection shall 22 not limit that employer's duty to bargain with the 23 representative of any collective bargaining unit of its 24 employees. 25 (j) Any rehabilitation facility within the State of 26 Illinois may apply to the Director to have its employees, 27 annuitants, and their eligible dependents provided group 28 health coverage under this Act on a non-insured basis. To 29 participate, a rehabilitation facility must agree to enroll 30 all of its employees and remit the entire cost of providing 31 such coverage for its employees, except that the 32 rehabilitation facility shall not be required to enroll those 33 of its employees who are covered spouses or dependents under 34 this plan or another group policy or plan providing health HB0521 Engrossed -23- LRB9204399JSpc 1 benefits as long as (1) an appropriate official from the 2 rehabilitation facility attests that each employee not 3 enrolled is a covered spouse or dependent under this plan or 4 another group policy or plan, and (2) at least 85% of the 5 employees are enrolled and the rehabilitation facility remits 6 the entire cost of providing coverage to those employees. 7 Employees of a participating rehabilitation facility who are 8 not enrolled due to coverage under another group health 9 policy or plan may enroll in the event of a qualifying change 10 in status, special enrollment, special circumstance as 11 defined by the Director, or during the annual Benefit Choice 12 Period. A participating rehabilitation facility may also 13 elect to cover its annuitants. Dependent coverage shall be 14 offered on an optional basis, with the costs paid by the 15 rehabilitation facility, its employees, or some combination 16 of the 2 as determined by the rehabilitation facility. The 17 rehabilitation facility shall be responsible for timely 18 collection and transmission of dependent premiums. 19 The Director shall annually determine quarterly rates of 20 payment, subject to the following constraints: 21 (1) In the first year of coverage, the rates shall 22 be equal to the amount normally charged to State 23 employees for elected optional coverages or for enrolled 24 dependents coverages or other contributory coverages on 25 behalf of its employees, adjusted for differences between 26 State employees and employees of the rehabilitation 27 facility in age, sex, geographic location or other 28 relevant demographic variables, plus an amount sufficient 29 to pay for the additional administrative costs of 30 providing coverage to employees of the rehabilitation 31 facility and their dependents. 32 (2) In subsequent years, a further adjustment shall 33 be made to reflect the actual prior years' claims 34 experience of the employees of the rehabilitation HB0521 Engrossed -24- LRB9204399JSpc 1 facility. 2 Monthly payments by the rehabilitation facility or its 3 employees for group health benefits shall be deposited in the 4 Local Government Health Insurance Reserve Fund. 5 (k) Any domestic violence shelter or service within the 6 State of Illinois may apply to the Director to have its 7 employees, annuitants, and their dependents provided group 8 health coverage under this Act on a non-insured basis. To 9 participate, a domestic violence shelter or service must 10 agree to enroll all of its employees and pay the entire cost 11 of providing such coverage for its employees. A 12 participating domestic violence shelter may also elect to 13 cover its annuitants. Dependent coverage shall be offered on 14 an optional basis, with employees, or some combination of the 15 2 as determined by the domestic violence shelter or service. 16 The domestic violence shelter or service shall be responsible 17 for timely collection and transmission of dependent premiums. 18 The Director shall annually determine rates of payment, 19 subject to the following constraints: 20 (1) In the first year of coverage, the rates shall 21 be equal to the amount normally charged to State 22 employees for elected optional coverages or for enrolled 23 dependents coverages or other contributory coverages on 24 behalf of its employees, adjusted for differences between 25 State employees and employees of the domestic violence 26 shelter or service in age, sex, geographic location or 27 other relevant demographic variables, plus an amount 28 sufficient to pay for the additional administrative costs 29 of providing coverage to employees of the domestic 30 violence shelter or service and their dependents. 31 (2) In subsequent years, a further adjustment shall 32 be made to reflect the actual prior years' claims 33 experience of the employees of the domestic violence 34 shelter or service. HB0521 Engrossed -25- LRB9204399JSpc 1 Monthly payments by the domestic violence shelter or 2 service or its employees for group health insurance shall be 3 deposited in the Local Government Health Insurance Reserve 4 Fund. 5 (k-5) Any qualified small business or self-employed 6 person within the State of Illinois may apply to the Director 7 to have its employees, annuitants, and their dependents 8 provided group health coverage under this Act on a 9 non-insured basis. To participate, a qualified small 10 business or self-employed person must agree to enroll all of 11 its employees and pay the entire cost of providing such 12 coverage for its employees. A participating qualified small 13 business or self-employed person may also elect to cover its 14 annuitants. Dependent coverage shall be offered on an 15 optional basis, with employees, or some combination of the 2 16 as determined by the qualified small business or 17 self-employed person. The qualified small business or 18 self-employed person shall be responsible for timely 19 collection and transmission of dependent premiums. 20 The Director shall annually determine rates of payment, 21 subject to the following constraints: 22 (1) In the first year of coverage, the rates shall 23 be equal to the amount normally charged to State 24 employees for elected optional coverages or for enrolled 25 dependents coverages or other contributory coverages on 26 behalf of its employees, adjusted for differences between 27 State employees and employees of the qualified small 28 business or self-employed person in age, sex, geographic 29 location or other relevant demographic variables, plus an 30 amount sufficient to pay for the additional 31 administrative costs of providing coverage to employees 32 of the qualified small business or self-employed person 33 and their dependents. 34 (2) In subsequent years, a further adjustment shall HB0521 Engrossed -26- LRB9204399JSpc 1 be made to reflect the actual prior years' claims 2 experience of the employees of the qualified small 3 business or self-employed person. 4 Monthly payments by the qualified small business or 5 self-employed person for group health insurance shall be 6 deposited into the Small Employers Health Insurance Reserve 7 Fund. The Small Employers Health Insurance Reserve Fund 8 shall be a continuing fund not subject to fiscal year 9 limitations. All expenditures from this fund shall be used 10 for payments for health care benefits for self-employed 11 persons and employees of qualified small businesses and their 12 annuitants and dependents and to reimburse the Department or 13 its administrative service organization for all expenses 14 incurred in the administration of benefits. No other State 15 funds may be used for these purposes. 16 (l) A public community college or entity organized 17 pursuant to the Public Community College Act may apply to the 18 Director initially to have only annuitants not covered prior 19 to July 1, 1992 by the district's health plan provided health 20 coverage under this Act on a non-insured basis. The 21 community college must execute a 2-year contract to 22 participate in the Local Government Health Plan. Any 23 annuitant may enroll in the event of a qualifying change in 24 status, special enrollment, special circumstance as defined 25 by the Director, or during the annual Benefit Choice Period. 26 The Director shall annually determine monthly rates of 27 payment subject to the following constraints: for those 28 community colleges with annuitants only enrolled, first year 29 rates shall be equal to the average cost to cover claims for 30 a State member adjusted for demographics, Medicare 31 participation, and other factors; and in the second year, a 32 further adjustment of rates shall be made to reflect the 33 actual first year's claims experience of the covered 34 annuitants. HB0521 Engrossed -27- LRB9204399JSpc 1 (l-5) The provisions of subsection (l) become 2 inoperative on July 1, 1999. 3 (m) The Director shall adopt any rules deemed necessary 4 for implementation of this amendatory Act of 1989 (Public Act 5 86-978). 6 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98; 7 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff. 8 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, 9 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.) 10 (5 ILCS 375/13.2) (from Ch. 127, par. 533.2) 11 Sec. 13.2. Insurance reserve funds; investments. All 12 amounts held in the Health Insurance Reserve Fund, the Group 13 Insurance Premium Fund, the Small Employers Health Insurance 14 Reserve Fund, and the Local Government Health Insurance 15 Reserve Fund shall be invested, at interest, by the State 16 Treasurer. The investments shall be subject to terms, 17 conditions, and limitations imposed by the laws of Illinois 18 on State funds. All income derived from the investments 19 shall accrue and be deposited to the respective funds no less 20 frequently than quarterly. The Health Insurance Reserve 21 Fund, the Small Employers Health Insurance Reserve Fund, and 22 the Local Government Health Insurance Reserve Fund shall be 23 administered by the Director. 24 (Source: P.A. 91-390, eff. 7-30-99.) 25 (5 ILCS 375/15) (from Ch. 127, par. 535) 26 Sec. 15. Administration; rules; audit; review. 27 (a) The Director shall administer this Act and shall 28 prescribe such rules and regulations as are necessary to give 29 full effect to the purposes of this Act. 30 (b) These rules may fix reasonable standards for the 31 group life and group health programs and other benefit 32 programs offered under this Act, and for the contractors HB0521 Engrossed -28- LRB9204399JSpc 1 providing them. 2 (c) These rules shall specify that covered and optional 3 medical services of the program are services provided within 4 the scope of their licenses by practitioners in all 5 categories licensed under the Medical Practice Act of 1987 6 and shall provide that all eligible persons be fully informed 7 of this specification. 8 (d) These rules shall establish eligibility requirements 9 for members and dependents as may be necessary to supplement 10 or clarify requirements contained in this Act. 11 (e) Each affected department of the State, the State 12 Universities Retirement System, the Teachers' Retirement 13 System, and each qualified local government, rehabilitation 14 facility,ordomestic violence shelter or service, small 15 business, or self-employed person shall keep such records, 16 make such certifications, and furnish the Director such 17 information as may be necessary for the administration of 18 this Act, including information concerning number and total 19 amounts of payroll of employees of the department who are 20 paid from trust funds or federal funds. 21 (f) Each member, each community college benefit 22 recipient to whom this Act applies, and each TRS benefit 23 recipient to whom this Act applies shall furnish the 24 Director, in such form as may be required, any information 25 that may be necessary to enroll such member or benefit 26 recipient and, if applicable, his or her dependents or 27 dependent beneficiaries under the programs or plan, including 28 such data as may be required to allow the Director to 29 accumulate statistics on data normally considered in 30 actuarial studies of employee groups. Information about 31 community college benefit recipients and community college 32 dependent beneficiaries shall be furnished through the State 33 Universities Retirement System. Information about TRS 34 benefit recipients and TRS dependent beneficiaries shall be HB0521 Engrossed -29- LRB9204399JSpc 1 furnished through the Teachers' Retirement System. 2 (g) There shall be audits and reports on the programs 3 authorized and established by this Act prepared by the 4 Director with the assistance of a qualified, independent 5 accounting firm. The reports shall provide information on 6 the experience, and administrative effectiveness and adequacy 7 of the program including, when applicable, recommendations on 8 up-grading of benefits and improvement of the program. 9 (h) Any final order, decision or other determination 10 made, issued or executed by the Director under the provisions 11 of this Act whereby any contractor or person is aggrieved 12 shall be subject to review in accordance with the provisions 13 of the Administrative Review Law and all amendments and 14 modifications thereof, and the rules adopted pursuant 15 thereto, shall apply to and govern all proceedings for the 16 judicial review of final administrative decisions of the 17 Director. 18 (Source: P.A. 90-497, eff. 8-18-97; 91-390, eff. 7-30-99.) 19 Section 10. The State Finance Act is amended by changing 20 Section 25 as follows: 21 (30 ILCS 105/25) (from Ch. 127, par. 161) 22 Sec. 25. Fiscal year limitations. 23 (a) All appropriations shall be available for 24 expenditure for the fiscal year or for a lesser period if the 25 Act making that appropriation so specifies. A deficiency or 26 emergency appropriation shall be available for expenditure 27 only through June 30 of the year when the Act making that 28 appropriation is enacted unless that Act otherwise provides. 29 (b) Outstanding liabilities as of June 30, payable from 30 appropriations which have otherwise expired, may be paid out 31 of the expiring appropriations during the 2-month period 32 ending at the close of business on August 31. Any service HB0521 Engrossed -30- LRB9204399JSpc 1 involving professional or artistic skills or any personal 2 services by an employee whose compensation is subject to 3 income tax withholding must be performed as of June 30 of the 4 fiscal year in order to be considered an "outstanding 5 liability as of June 30" that is thereby eligible for payment 6 out of the expiring appropriation. 7 However, payment of tuition reimbursement claims under 8 Section 14-7.03 or 18-3 of the School Code may be made by the 9 State Board of Education from its appropriations for those 10 respective purposes for any fiscal year, even though the 11 claims reimbursed by the payment may be claims attributable 12 to a prior fiscal year, and payments may be made at the 13 direction of the State Superintendent of Education from the 14 fund from which the appropriation is made without regard to 15 any fiscal year limitations. 16 Medical payments may be made by the Department of 17 Veterans' Affairs from its appropriations for those purposes 18 for any fiscal year, without regard to the fact that the 19 medical services being compensated for by such payment may 20 have been rendered in a prior fiscal year. 21 Medical payments may be made by the Department of Public 22 Aid and child care payments may be made by the Department of 23 Human Services (as successor to the Department of Public Aid) 24 from appropriations for those purposes for any fiscal year, 25 without regard to the fact that the medical or child care 26 services being compensated for by such payment may have been 27 rendered in a prior fiscal year; and payments may be made at 28 the direction of the Department of Central Management 29 Services from the Health Insurance Reserve Fund, the Small 30 Employers Health Insurance Reserve Fund, and the Local 31 Government Health Insurance Reserve Fund without regard to 32 any fiscal year limitations. 33 Additionally, payments may be made by the Department of 34 Human Services from its appropriations, or any other State HB0521 Engrossed -31- LRB9204399JSpc 1 agency from its appropriations with the approval of the 2 Department of Human Services, from the Immigration Reform and 3 Control Fund for purposes authorized pursuant to the 4 Immigration Reform and Control Act of 1986, without regard to 5 any fiscal year limitations. 6 (c) Further, payments may be made by the Department of 7 Public Health and the Department of Human Services (acting as 8 successor to the Department of Public Health under the 9 Department of Human Services Act) from their respective 10 appropriations for grants for medical care to or on behalf of 11 persons suffering from chronic renal disease, persons 12 suffering from hemophilia, rape victims, and premature and 13 high-mortality risk infants and their mothers and for grants 14 for supplemental food supplies provided under the United 15 States Department of Agriculture Women, Infants and Children 16 Nutrition Program, for any fiscal year without regard to the 17 fact that the services being compensated for by such payment 18 may have been rendered in a prior fiscal year. 19 (d) The Department of Public Health and the Department 20 of Human Services (acting as successor to the Department of 21 Public Health under the Department of Human Services Act) 22 shall each annually submit to the State Comptroller, Senate 23 President, Senate Minority Leader, Speaker of the House, 24 House Minority Leader, and the respective Chairmen and 25 Minority Spokesmen of the Appropriations Committees of the 26 Senate and the House, on or before December 31, a report of 27 fiscal year funds used to pay for services provided in any 28 prior fiscal year. This report shall document by program or 29 service category those expenditures from the most recently 30 completed fiscal year used to pay for services provided in 31 prior fiscal years. 32 (e) The Department of Public Aid and the Department of 33 Human Services (acting as successor to the Department of 34 Public Aid) shall each annually submit to the State HB0521 Engrossed -32- LRB9204399JSpc 1 Comptroller, Senate President, Senate Minority Leader, 2 Speaker of the House, House Minority Leader, the respective 3 Chairmen and Minority Spokesmen of the Appropriations 4 Committees of the Senate and the House, on or before November 5 30, a report that shall document by program or service 6 category those expenditures from the most recently completed 7 fiscal year used to pay for (i) services provided in prior 8 fiscal years and (ii) services for which claims were received 9 in prior fiscal years. 10 (f) The Department of Human Services (as successor to 11 the Department of Public Aid) shall annually submit to the 12 State Comptroller, Senate President, Senate Minority Leader, 13 Speaker of the House, House Minority Leader, and the 14 respective Chairmen and Minority Spokesmen of the 15 Appropriations Committees of the Senate and the House, on or 16 before December 31, a report of fiscal year funds used to pay 17 for services (other than medical care) provided in any prior 18 fiscal year. This report shall document by program or 19 service category those expenditures from the most recently 20 completed fiscal year used to pay for services provided in 21 prior fiscal years. 22 (g) In addition, each annual report required to be 23 submitted by the Department of Public Aid under subsection 24 (e) shall include the following information with respect to 25 the State's Medicaid program: 26 (1) Explanations of the exact causes of the 27 variance between the previous year's estimated and actual 28 liabilities. 29 (2) Factors affecting the Department of Public 30 Aid's liabilities, including but not limited to numbers 31 of aid recipients, levels of medical service utilization 32 by aid recipients, and inflation in the cost of medical 33 services. 34 (3) The results of the Department's efforts to HB0521 Engrossed -33- LRB9204399JSpc 1 combat fraud and abuse. 2 (h) As provided in Section 4 of the General Assembly 3 Compensation Act, any utility bill for service provided to a 4 General Assembly member's district office for a period 5 including portions of 2 consecutive fiscal years may be paid 6 from funds appropriated for such expenditure in either fiscal 7 year. 8 (i) An agency which administers a fund classified by the 9 Comptroller as an internal service fund may issue rules for: 10 (1) billing user agencies in advance based on 11 estimated charges for goods or services; 12 (2) issuing credits during the subsequent fiscal 13 year for all user agency payments received during the 14 prior fiscal year which were in excess of the final 15 amounts owed by the user agency for that period; and 16 (3) issuing catch-up billings to user agencies 17 during the subsequent fiscal year for amounts remaining 18 due when payments received from the user agency during 19 the prior fiscal year were less than the total amount 20 owed for that period. 21 User agencies are authorized to reimburse internal service 22 funds for catch-up billings by vouchers drawn against their 23 respective appropriations for the fiscal year in which the 24 catch-up billing was issued. 25 (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 26 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff. 27 7-23-97.) 28 Section 99. Effective date. This Act takes effect on 29 January 1, 2003.